Can I apply for EB-5 as a minor with an inheritance?

In short, no. The EB-5 grants a green card to those who invest capital in a job-creating business, and that presupposes full legal capacity to enter into contracts and assume financial commitments. A minor generally does not have that legal capacity, so they cannot petition on their own, even if an inheritance covers the required investment.

Having the funds available does not resolve the issue on its own: the obstacle is not the money, but rather the legal ability to take on the investment in one’s own name.

In some situations, it may be possible to structure the investment with the involvement of a legal representative or guardian, who assumes the obligations and manages the investment on behalf of the minor. That approach, however, involves both United States immigration rules and the regulations governing the administration of a minor’s assets in the country of origin, and it requires careful planning.

Because every case is unique and the age of majority varies by jurisdiction, the safest path is to evaluate the options with qualified professionals and confirm the procedures at the official source (USCIS), without relying on promises of guaranteed outcomes.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.